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(영문) 부산고등법원 2015.06.10 2015노99
강도치상등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of the defendant A; the imprisonment of three years and six months; the imprisonment of the defendant B; the imprisonment of the maximum two years and six months; the short two years and the fine of the fine of 300,000 won) declared by the court below is too unreasonable.

2. The Defendants led to the confession of all of the instant crimes; the amount of damage by victim caused by the instant fraud, theft, etc. is relatively minor; the instant crime was committed before the Defendants reached the age of majority; and Defendant B is currently a juvenile, etc. favorable to the Defendants.

However, even though the Defendants were subject to juvenile protective disposition several times for the same crime, they committed the crime of this case repeatedly, and in particular, committed the robbery of this case with very heavy nature. The fraud crime of this case is planned and closely prepared to commit the crime of this case, and then acquired money from many victims, which is not in the nature of the crime, and thereby, was committed by taking money from a good number of victims. The total amount of damage is very poor, and the crime of joint injury of this case committed by the Defendants is very serious, and even though most of the damage is not recovered, considering all other circumstances, such as the circumstances leading up to the crime of this case, character and conduct of the Defendants, environment, and family relationship, the lower court sentenced the maximum punishment of imprisonment within the scope of the punishment of punishment under law (from June 2 to June 22) after mitigation against Defendant A within the scope of punishment of imprisonment with prison labor within the scope of 10 years to 3 years to 10 years to 3 years to 13 years to 13 years to 13 years to 1 year imprisonment.

3. In conclusion, the Defendants’ appeal is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.

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